Environmental Administrative Control in Light of Algorithmic Transformation: Towards a Proposed Model of Legal Responsibility in Libyan Legislation

Abstract

This research addresses an innovative legal and procedural framework to bridge existing legislative gaps within the Libyan legal system. It examines the substitution of traditional human mechanisms with "algorithmic administrative enforcement" tools—backed by surveillance cameras and smart systems—to combat the phenomenon of littering from motor vehicles in motion on public roads.

The study stems from the problematic inadequacy of traditional texts (particularly Environmental Protection Law No. 15 of 2003 and the Traffic Law) in accommodating automated technologies and conferring legal authority upon their electronic citations. By adopting analytical, comparative, and Sharia-rooting (Ta'seel) methodologies, the research concludes that a shift toward proactive, preventive patterns is imperative. Furthermore, it establishes the necessity of adopting the principle of "the presumed liability of the vehicle owner" as a rebuttable legal presumption (praesumptio iuris). This approach overcomes the obstacle of pursuing the actual driver and avoids conflict with the principle of the personal nature of punishment.

The study also demonstrates that this smart surveillance aligns with the objectives of Islamic Sharia (Maqasid al-Shariah) through the lenses of governance policy (Siyasah Shari'yyah), public interest (Maslahah Mursalah), and the blocking of means to harm (Sadd al-Dhara'i'). The paper concludes with precise legislative recommendations calling for the amendment of existing laws, the codification of digital notification, and the establishment of guarantees for algorithmic fairness and electronic grievance procedures